Terms of Service

 

This page outlines the Terms of Service (hereafter the "Agreement") under which the Vancouver IT Services, Inc. (hereafter the "Services") and the GoalsOnTrack.com Web Site (hereafter the "Site") are provided to you.

Please read this page carefully. By using the Site and/or paying for Services, you are indicating your acceptance to be bound by this Agreement. If you're unwilling to be bound this Agreement, do not use this Site or pay for Services.

By entering into this Agreement you further acknowledge your understanding and acceptance of GoalsOnTrack's information gathering, use and dissemination practices as outlined in our Privacy Policy.

For purposes of this Agreement, the term "GoalsOnTrack" shall include its parent company Vancouver IT Services, Inc., their officers, agents, vendors, employees and affiliates. Please note that GoalsOnTrack may revise the Agreement at any time by updating this posting. You should visit this page periodically to review the Agreement, as it is binding upon you.

Membership Information and Refund Policy

You may cancel your membership or account at any time. If you wish to continue your membership or account with GoalsOnTrack service, do nothing - your membership or account will continue without interruption. The $68 annual fee will be charged to your credit card account and your membership or account will continue automatically, billed at the same day of the year when you sign up at the current rate. If for any reason you are not satisfied, you may cancel at any time to discontinue the service and stop the yearly billing; however, you will not be eligible for a pro-rated refund of any portion of your current year's paid membership or account fee, unless it's within the 30 days of money-back guarantee period. You can reach our customer service line at 1-888-916-9906, or send email to harry.che@goalsontrack.com. For your convenience, our customer service line is open Monday through Friday from 10 a.m. to 4 p.m. and closed on Saturday and Sunday Pacific Time.

Intellectual Property Rights

All content on the Site (including but not limited to text, graphics, images, logos, buttons, icons, software and other materials, hereafter "Content") are the sole property of GoalsOnTrack and/or Vancouver IT Services, Inc. and is protected by U.S. and Canadian copyright and international treaties. GoalsOnTrack authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. Unauthorized use of the Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the Content on any copy you make of the Content. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on GoalsOnTrack. Additionally attempting to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or service is expressly prohibited.

"GoalsOnTrack" designs, logos and certain other names or logos are service marks or trademarks of Vancouver IT Services, Inc. and all related product and service names, design marks and slogans are the service marks or trademarks of Vancouver IT Services, Inc. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Vancouver IT Services's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

Acceptable Use of the Site

The Site and its Services are intended solely for individuals and businesses to manage goals and keep track of time online. The Site may be used only for lawful purposes within this stated context of GoalsOnTrack's intended and acceptable use. GoalsOnTrack holds the sole and exclusive right to interpret the meaning and definition of "acceptable use".

As one of the conditions of your use of the Site and Service, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Site complies with This Agreement.

Security Rules

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, or taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure is expressly prohibited.

Violations of these Security Rules may result in civil or criminal liability. GoalsOnTrack will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Username and Password

You are responsible for maintaining the confidentiality of your information, username and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify GoalsOnTrack of any unauthorized use of your registration, information, username or password.

Indemnification

By using the Services you agree to defend, indemnify and hold harmless GoalsOnTrack from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your use of the Site and Services, the provision by you of any Content to the Site or other 3rd party career web sites, or the Agency Relationship. GoalsOnTrack shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you at your expense in their defense.

Release and Limitations of Liability

You further agree to release GoalsOnTrack and Vancouver IT Services, Inc. from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this Agreement or the Agency Relationship.

IN NO EVENT SHALL THE SERVICES AND SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SERVICES AND SITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME COUNTRIES OR U.S. STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE SERVICES AND SITE MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER.

Warranties

GOALSONTRACK DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GOALSONTRACK IS NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE INTERNET IN GENERAL. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GOALSONTRACK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOALSONTRACK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Grants

By submitting your Personal Information to the Site you automatically grant GoalsOnTrack the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, adapt, translate, create derivative works from, perform and display such Personal Information (in part or aggregated form that is not individually identifiable) or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.

General Provisions

International Access: Vancouver IT Services, Inc. is based in British Columbia, Canada. GoalsOnTrack makes no claims that the Content of its Site is appropriate or legal to be viewed by certain persons or in certain countries. If you access the Site or Services from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Partial Validity: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Equitable Relief: You understand and agree that due to the nature of This Agreement, in addition to money damages, GoalsOnTrack will be entitled to equitable relief upon a breach of this Agreement by you.

Governing Law: This Agreement is governed by the laws of Canada and British Columbia province without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the provincial or federal courts in British Columbia, Canada.

Entire Agreement: Except as expressly provided in a particular Legal Notice, Software License or other notices or Content published on the Site, these terms represent the entire binding Agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding GoalsOnTrack, the Site, or Services.

Digital Admissibility: You hereby agree that a printed version of this Agreement and of any other notice given in electronic form by GoalsOnTrack or in the Site, which is based upon or relating to this Agreement, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.

Updated March 21, 2012